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DeMAIO v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, Second Department.
Nov 28, 1988

Ordered that the order is reversed, as a matter of discretion, with costs, and the motion is denied.

We conclude that the notice of claim sufficiently apprised the city that the cause of the injuries suffered by the plaintiff Arnold DeMaio was the alleged negligence of the city's agents in failing to properly supervise the plaintiff's fellow inmates. Under the circumstances, the purpose of General Municipal Law ยง 50-e, that the charged municipality be given an opportunity to timely investigate that with which it is charged, has been satisfied (Bullard v. City of New York, 118 A.D.2d 447, 451; Caselli v. City of New York, 105 A.D.2d 251, 260). Mangano, J.P., Brown, Kooper and Harwood, JJ., concur.